Mr Forbes-Browne v MJW Asbestos Removal and Reinsulation Services Ltd — 2026

The only complaint determined at the final hearing was unfair dismissal. Mr Forbes-Browne had confirmed at a preliminary hearing that this was the only claim he wished to pursue; claim number 6004830/2025, which had included complaints about wages, holiday pay, redundancy pay and other payments, was dismissed on withdrawal.

The tribunal found that Mr Forbes-Browne resigned with immediate effect on 16 August 2024. In the context of his earlier statements that he was unhappy at work and planned to leave, his statements that he was "leaving MJW for good", was "finished" and was "done with you all", followed by "I didn't want it to end like this", would tell a reasonable bystander that he intended to end the employment relationship. The tribunal found that the resignation was seriously meant, really intended, and a conscious and rational decision when communicated, despite his agitation following the dispute with Mr Westcarr.

Applying the principles in Omar v Epping Forest District Citizens Advice, the tribunal treated the later communications as showing that Mr Forbes-Browne had changed his mind, rather than that he had not resigned. A resignation could not be withdrawn without the respondent's agreement, and there was no request or agreement to withdraw it. As Mr Forbes-Browne had not been dismissed within section 95 of the Employment Rights Act 1996, there could be no unfair dismissal. The complaint was dismissed and no remedy was awarded.